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Lloyd K. Garrison Lecture on Environmental Law

Wednesday, April 1, 2014 at 5:00 pm, Gerber Glass Moot Court Room
Robin Kundis Craig
William H. Leary Professor of Law
University of Utah, S.J. Quinney College of Law
"Rethinking Sustainability, or, Learning to Live with the Trickster"

 

SYNOPSIS

Much of American environmental and natural resources law, including the concept of sustainability, assumes that humans can predict and control the ecosystems' responses to changes in human activity. As the scientific concepts of resilience thinking and panarchy make clear, that assumption has always been doubtful, but climate change calls it completely into question. This talk explores the ideas of resilience thinking and sustainability in a climate change era, positing that climate change has effectively taken on the role of the mythological trickster for the foreseeable future--the unpredictable force of disruption and chaos that also breeds creativity and evolution--and that American environmental and natural resources law needs to learn to accommodate surprise.

SPEAKER BIOGRAPHY

After earning a Ph.D. at U.C. Santa Barbara in English literature, Robin Craig attended the Lewis & Clark School of Law in Portland, Oregon, from which she graduated summa cum laude and first in her class. While in law school, she worked for the Natural Resources Section, General Counsel Division, of the Oregon Department of Justice, which allowed her to work on a variety of environmental law issues, from Clean Water Act litigation to CERCLA cleanups to salmon and tribal issues to the intersection of state tax law and environmental law. After graduation, she stayed in Portland to clerk for two years for U.S. District Judge Robert E. Jones.

Craig previously taught at the Lewis & Clark School of Law; Western New England College School of Law in Springfield, Massachusetts; Indiana University-Indianapolis School of Law; and the Florida State University College of Law in Tallahassee, Florida. Her areas of professional expertise include Property, Environmental Law, Ocean & Coastal Law, Administrative Law, Water Law, Toxic Torts, and Civil Procedure. At Utah, Craig teaches Property to first-year students and Environmental Law, Water Law, Ocean & Coastal Law, and Toxic Torts to upper-division students. She participates in many of the Wallace Stegner Center's activities and events. 

Craig's research focuses on "all things water," especially the impact of climate change on freshwater resources and the oceans and the intersection of water and energy law. She also has written several articles and book chapters on constitutional environmental law, administrative law, and statutory interpretation. She is the author or co-author of five books: Modern Water Law: Private Property, Public Rights, and Environmental Protection (2013, with Robert W. Adler and Noah D. Hall); Comparative Ocean Governance: Place-Based Protections in an Era of Climate Change (2012), Environmental Law in Context (3rd ed. 2011), Toxic and Environmental Torts (2010, with Michael D. Green, Andrew R. Klein, and Joseph Sanders), and The Clean Water Act and the Constitution (2nd ed. 2009). Her publications also include over 50 law review articles and book chapters.

Craig served on three successive National Research Council committees on the Clean Water Act and the Mississippi River and as a consultant to the Environmental Defense Fund, to the State of Victoria, Australia, and to the Council on Environmental Cooperation in Montreal, Quebec. She is also active in the American Bar Association's Section on Environment, Energy, and Resources, where she just completed a three-year term on the Executive Council and where she currently serves as Co-Chair of the Water Resource Committee, on the Planning Committee for the 43rd Annual Spring Conference on Environmental Law, as Vice Chair for the 2014 Water Law Conference, and as the designated Chair of the 2015 Water Law Conference.

GARRISON LECTURE HISTORY

Over forty-five years ago, Lloyd K. Garrison and his associate, Albert K. Butzel, of Paul, Weiss, Rifkind, Wharton & Garrison, won the landmark decision to preserve Storm King Mountain on the Hudson River. This victory for the Scenic Hudson Preservation Conference did more than safeguard "an area of unique beauty and major historical importance" - it inaugurated what today we recognize as the field of environmental law.

Standing in court to protect nature, citizen suit legislation, the environmental impact statement process, and the balancing of economics with the preservation of scenic beauty and historic resources: these are all rooted in Scenic Hudson Preservation Conference v. Federal Power Commission, 354 F.2d 608 (2d Cir. 1965). The Lloyd K. Garrison Lecture celebrates the vision, public spirit and life of this attorney whose legal acumen led citizens in their successful advocacy of environmental quality at Storm King.

Lloyd K. Garrison was a graduate of Harvard College and Harvard Law. His calling to the bar led him immediately into public service, helping to start the National Labor Relations Board while serving as Dean of the University of Wisconsin Law School. A great-grandson of William Lloyd Garrison, the abolitionist, he was a member of the National Urban League from 1924 on, and labored constantly in support of civil rights, defending Arthur Miller, Langston Hughes and J. Robert Oppenheimer during the era of McCarthyism. Garrison’s service in support of honest and open government marked his role with the Association of the Bar of the City of New York and his participation on numerous federal commissions and agencies from Presidents Herbert Hoover through Franklin Roosevelt and Harry Truman.

Lloyd K. Garrison passed away in 1991. For all his 93 years, Garrison devoted his brilliance and indefatigable energy to building a humane and caring society, respectful of the Rule of Law. Consistent with this dedication, Lloyd K. Garrison took up the citizens’ call to represent the Scenic Hudson Preservation Conference in its struggle to protect the Hudson River Gorge at Storm King Mountain. With characteristic enthusiasm he championed public participation rights for the community’s environmental interest, just as he did for civil rights and liberties. The Scenic Hudson victory is a living testament to Garrison's ever hopeful spirit.

The Lloyd K. Garrison Lecture on Environmental Law was established in his memory in 1995, four years after his death, and continues in his honor.


PAST GARRISON LECTURES

March 26, 2014
J.B. Ruhl
David Daniels Allen Distinguished Chair in Law
GVanderbilt Law School
“In Defense of Ecosystem Services"

 

            >> View lecture video

March 12, 2013
Lisa Heinzerling
Professor of Law
Georgetown Law Center
“Inside EPA"

 

            >> View lecture video

March 26, 2012
Jody Freeman
Archibald Cox Professor of Law and Director, Environmental Law Program
Harvard Law School
“Climate and Energy Policy in the Obama Administration"
 

April 6, 2011
Daniel A. Farber
Sho Sato Professor of Law
University of California, Berkeley
“Sustainable Consumption and Communities:
Bringing the American Way of Life into the Twenty-First Century”

April 15, 2010
Albert K. Butzel
Principal, Albert K. Butzel Law Offices, New York, NY
“Storm King Revisited: A View from the Mountaintop”

 

 

April 1, 2009
Robert V. Percival
Robert F. Stanton Professor of Law and Director of the Environmental Law Program, University of Maryland School of Law
"The Globalization of Environmental Law"

 

 

April 17, 2008
Hope Babcock
Professor of Law, Georgetown University
"Global Climate Change: A Civic Republican Moment"

 

 

2007
John Bonine
Professor of Law, University of Oregon School of Law
“From Silent Spring to Sweltering Summers: The Past and Future of Private Public Interest Law”

 

 

2006
Karin P. Sheldon
Professor of Law, Associate Dean for the Environmental Law Program and Director of the Environmental Law Center, Vermont Law School
“Upstream of Peril: The Role of Federal Lands in Addressing the Extinction Crisis"

 

 

2005
Cass R. Sunstein
Karl N. Llewellyn Distinguished Service Professor of Jurisprudence, University of Chicago Law School
“Irreversible and Catastrophic: Global Warming, Terrorism, and Other Problems”

 

 

2004
Edith Brown Weiss
Francis Cabell Brown Professor of Law, Georgetown University Law Center
“International Water Disputes”

 

 

2003
J. William Futrell
President of the Environmental Law Institute (ELI)
“The Transition to Sustainable Development Law”

 

 

2002
Zygmunt J. B. Plater
Professor of Law, Boston College Law School
“Environmental Law at the Crossroads: The Road Travelled and the Road Ahead”

 

 

2001
Gerald Torres
H. O. Head Centennial Professor in Real Property Law, University of Texas Law School
"Who Owns the Sky?"

 

 

2000
A. Dan Tarlock
Distinguished Professor of Law and Co-Director Program in Environmental and Energy Law, Chicago-Kent College of Law, Illinois Institute of Technology
"The Future of Environmental 'Rule of Law' Litigation"

 

 

1999
Richard J. Lazarus
Professor of Law, Georgetown University Law Center
"Thirty Years of Environmental Protection Law in the Supreme Court"

 

 

1998
Oliver A. Houck
Professor of Law and Director of Environmental Law Programs, Tulane University School of Law
"Environmental Law and the General Welfare"

 

 

1997
William H. Rodgers, Jr.
Professor of Law, University of Washington School of Law
"Defeating Environmental Law: The Geology of Legal Advantage"

 

 

1996
Joseph L. Sax
Counselor to Secretary of the Interior Bruce Babbitt and Deputy Assistant Secretary for Policy, US Department of the Interior
"Using Property Rights to Attack Environmental Protection"

 

 

1995
David Sive, Esq.
Founding Partner, Sive, Paget, & Reisel, PC
Adjunct Professor of Law, Pace Law School
"The Litigation Process in the Development of Environmental Law"

 

In Memoriam: Two Founders of Environmental Law
David Sive (1922-2014)

Joseph Sax (1936-2014)

Pace Law School and environmental law professors across the nation mourn the recent passing of two giants of environmental law, Joseph Sax and David Sive. Prior to the 2014 Garrison Lecture, our community took time to remember their lives and achievements.

Memorial Essay by Professor Nicholas A. Robinson

  >> View memorial lecture video